The article deals with the problem of the official legitimization of the legal status of Russian self-employed citizens, the definition of its legal personality. The author believes that this legal personality cannot be based solely on the norms of tax legislation, and concludes that the self-employed person carries out entrepreneurial activity and is a subject of business law. A special federal law, as is done with respect to other business structures that do not have the rights of a legal entity, should determine its legal status. In addition, the corresponding - independent - place he must take in the Civil Code of the Russian Federation in subsection 2, «Persons». Thus, a qualitatively new subject of business legislation will be legalized.
The problems of compensation for harm caused by the activities of state authorities are of key importance for the institution of civil liability because of their compensatory (recovery) orientation. However, to date, the problems of determining the conditions for the occurrence of civil liability provoke heated discussions in the scientific literature and ambiguous interpretation in judicial practice. This article focuses on guilt as the basis of civil liability for damage caused by public authorities. The author concludes that the presence of guilt is not a necessary condition for civil liability, but is a factor influencing the determination of the amount of compensation (up to the refusal of compensation). The conditions for the occurrence of civil liability for state authorities are the presence of harm and the act of the subject (regardless of their nature - lawful and illegal), which caused harm, which is in a causal connection with this harm.
In the modern period of development of the processes of globalization and digitalization of the economy, Russian organizations engaged in educational activities are not directly related to the subjects of critical information infrastructure (CII). In turn, this is a certain shortcoming of the Federal Law No. 187-ФЗ dated July 26, 2017 «On the Security of Critical Information Infrastructure of the Russian Federation». This is of particular importance due to the growing number of cyber threats, including in relation to subjects of educational activity. The subject of the research is the main approaches to civil law regulation of the issues of ensuring the cybersecurity of organizations carrying out educational activities and their collaborators, primarily in order to safely use the results of educational services. The research methodology is based on the definition and disclosure of the basic rules of legal support for cyber security issues in general and the educational environment as well. The scientific novelty of the study is determined by the civil law approaches proposed by the author to the local regulatory support of cybersecurity of the subjects of educational activities. The paper also conducts a comparative legal study of the fundamental regulatory legal acts in the field of ensuring the security of a number of industrialized countries of the world.
The article gives a brief overview of the Russian legislation on the protection of intellectual property rights to objects located in the information and telecommunication network Internet. This analysis aims to identify and describe ways to combat the most extensive category of copyright offenses in the Internet – digital piracy, the spread of which is due to the rapid development of the Internet. The subject of the study were the norms of civil legislation of the Russian Federation, including both articles of the Civil code and references to the laws adopted in accordance with it. The civil code contains traditional means of protecting the exclusive rights to the results of intellectual activity. The Federal law «On information, information technologies and information protection» provides new ways to prevent violations of intellectual rights in the digital environment. The article describes in detail the procedures for restricting access to information distributed in violation of copyright; restriction on a permanent basis of access to the site; blocking sites that are confusingly similar to the site on the Internet, access to which is limited on a permanent basis. The relevance of this problem lies in the fact that, despite the presence in the legislation of the Russian Federation of various measures aimed at protecting exclusive rights in information and telecommunication networks, there are a number of unresolved issues.
При изучении истории становления права обнаружено, что институт компенсации морального вреда является относительно новым для российского законодательства. Еще с древнейших времен в общественном сознании с формированием понятий «добро» и «зло» возникают моральные требования к отдельному человеку со стороны общества. В то время человек не выделялся из племени, в связи с этим аморальное поведение рассматривалось как причинение оскорбления не только роду в целом, но и всему племени. Первые упоминания об этом институте в законодательстве Древней Руси можно найти в Своде законов «Русская правда». Однако при анализе норм права Древнего Рима можно сделать вывод, что данный институт был реципирован в Древнерусское законодательство. В ходе исследования автором проведен анализ правовых актов, регулирующих институт компенсации морального вреда в России со времен возникновения Древнерусского государства. В связи с этим автором поставлена цель – исследовать исторический путь становления и развития института компенсации морального вреда как способа защиты имущественных прав, в том числе его рецепция из права Древнего Рима. Методологическую основу составляют совокупность таких методов, как историко-правовой, системный анализ, а также сравнительно-правовой метод. Результатом исследования является законодательная инициатива – внесение изменений в действующее законодательство, регулирующее институт компенсации морального вреда и применение данного способа для защиты любого нарушенного имущественного права гражданина.
The article is devoted to the problem of information asymmetry in the field of corporate governance, as a manifestation of economic opportunism in the appointment and implementation of the Chief Executive Officer (CEO) of corporate organizations. The paper provides an overview and analysis of the existing legal mechanisms and complex legal institutions aimed at ensuring the interests of shareholders when causing losses through the fault of the executive bodies of the corporation. There are suggestions of other methods of securing liabilities due to unfair or unqualified management behavior that are known and used in related legal sub-branches of business law, as well as fundamentally new mechanisms. To the first one can be attributed, first of all, the mortgage of the personal property of the director, as well as the pledge of securities belonging to him or participation in other commercial organizations; the peculiarities of legal support of such transactions in relation to the legal relations between shareholders and hired management are considered. The second can be attributed to various types of recommendations, both secured by property guarantees of the recommending as recommended, and expressing only personal professional or authoritative, for other reasons, judgment of the person giving the characteristic; introduced the concept of "responsible recommendation". It also examined the possibilities of using legal institutions for insuring the professional liability of a director, creating special compensation funds of hired directors, using escrow accounts and nominal accounts to ensure the interests of participants of business societies, analyzed the advantages and disadvantages of individual methods, and features of use in the described area. The results obtained can be used both in the practice of state or municipal management of public property, and by holdings based on private capital.
The article analyzes the legal regulation of one of the types of limited real rights to land – easement. Particular attention is paid to the Concept of development of civil legislation of the Russian Federation of 2009, which involves a number of innovations relating to easement. The study allowed the author to formulate a number of conclusions. In particular, it is proposed to fix in the Civil code a fundamentally important rule on the establishment of easement on the terms least burdensome for the use of land in accordance with its intended purpose and permitted use; it is proposed as a general rule to make the easement paid, while the gratuitous easement may be established by agreement of the parties. Considering one of the difficult issues in establishing easement in court – the question of determining the amount of payment for the use of another's land – the author says about the need to clarify at the level of the law criteria for determining the proportionality of fees for the use of another's land, as well as the development of a detailed mechanism for its calculation.
The article analyzes the current problems associated with the practice of applying changes in the Civil Code of the Russian Federation, which were legally introduced in 2015, but in fact began to be applied only from 2018. The reason for this was a number of court decisions, which the authors also mention in the article. The authors consider in detail the instrument that appeared in June 2015 in the Russian Civil Code (art. 308.3), borrowed from French law, and the «astrent» is a penalty for the debtor’s failure to fulfill the obligation established by a judicial act. The authors have identified and considered the peculiarities of the Russian analogue of astrent, the practice of its use and the development process. With the use of the new legal institution, which appeared in Russian legislation three years ago, problems continue to arise. The participants in the proceedings sometimes do not know exactly how to demand the recovery of a new type of penalty. The authors of the article conclude that the emergence of a new legal institution in the civil legislation of Russia provides additional guarantees to bona fide participants in civil business turnover in the exercise of their rights. In the article, the authors consider the peculiarities of the application of penalties in foreign legislation and draw analogies between the laws of France, Italy and Spain.
The purpose of the article is to determine the characteristic qualitative features of the contract of life state deed relation with the rent contract. Tasks: To consider and analyze the concept of rent and its essence, the specifics and features of the contract of life state deed; To analyze the existing types of rental contracts acting as a contractual type, on the basis of scientific and theoretical understanding of legal institutions. The method of research is the analysis of the distinctive properties (signs, features) of the rent contract and life state deed, based on the theory of civil law, legislation and legal practice. The results of the study allow to determine the common and distinctive features between the contract of rent and the contract of life state deed, to establish the place of life state deed contract in the system of rental contracts. Conclusion. The author concludes that qualitative features characterize the contract of life state deed with dependance, this is the assignment of this contract to a variety of rent contracts (Art. 583, 601 of the civil code RF). The author agrees with the majority of distinctive properties (signs) of the contract of life state deed from the rent contract as they are based on the theory of the civil law, the legislation and legal practice. Nevertheless, some of the noted attributive qualities of the type of contract under consideration need additional characteristics, namely such.
The terms are a traditional civil law institution, the value of which is difficult to overestimate in modern conditions, distinguished by the freedom of participants in civil turnover in acquiring and exercising civil rights and obligations, by expanding the discretion of civil law regulation. The article discusses some problems of application of periods of limitation. The existing problems in this area are identified and the need for close attention of lawyers to them in order to find a balance between the interests of legal certainty and justice and the search for a systemic solution of these problems is stated. The subject of the study was regulatory legal acts, procedural aspects governing the institution of statute of limitations, including the procedure for applying the statute of limitations, its calculation, the moment of commencement of the course, the procedure for applying the statute of limitations in civil proceedings, the value of the limitation period for procedural legal relations. The methodological basis of the study was composed of such general scientific methods as analysis, comparison, generalization, as well as the system - structural and formal logical methods were widely used. The novelty of the study lies in the fact that the institution of the statute of limitations is considered after determining the position of the Russian Supreme Court on matters related to the application of the rules of the Russian Federation on the limitation of the Civil Code.
Using the methods of complex and system analysis in conjunction with other institutions of civil law, the author studies the issues of the concept, the legal nature of a corporate contract, its place in the system of contracts, the subject, subject composition. The author considers the corporate contract as a kind of a «norm-contract», which contains provisions regulating the activities of managing the affairs of the corporation. This, according to the author, brings him closer to the simple partnership agreement. The correlation of the corporate agreement with other corporate documents of an organizational nature is made. It is concluded that the charter of the corporation and the corporate contract have unequal legal force. In this connection, the author makes suggestions on changing the current legislation. Conducting a brief comparative analysis (method of comparative law) with the laws of some foreign countries, the author concludes that the provisions of the current Russian legislation on a corporate contract have more similar features with the institution of a corporate contract in countries with the continental legal system. The scientific novelty of the research lies in the study of the institution of a corporate contract, taking into account its organizational nature, as well as in the author's recommendations for improving legislation.
In this article the features of the privatization of land by citizens of the Russian Federation are discussed. Particular attention in this work focuses on the current legislation of the Russian Federation, which regulates the process of privatization of land by individuals. State regulation of privatization consists in a detailed legislative establishment of cases of free and paid acquisition of property rights, its procedures, terms, restrictions on the privatization of certain land plots, and the establishment system of competent authorities involved in privatization processes. The work highlights and describes the characteristic features of the free transfer of land to citizens. Also the features of pricing rules for the sale of land without bidding to individuals are studied. In addition, the article identifies the advantages and disadvantages of privatization of land by individuals. Considerable attention is paid to the main stages of the privatization of land by individuals. The work examines judicial practice on the application of legislation on the privatization of land, in particular, examines in detail examples of violations of the rights of citizens to receive land ownership free of charge, as well as cases of transfer of ownership when privatization of land was initially prohibited.
For the Russian Federation insufficiently high level of legal culture and rather high degree of conflictness remains as the traditional phenomenon. Mediation is one of effective technologies directed to permission of a contradiction between the arguing parties by means of the third, neutral party which is not interested in this conflict. In the course of its formation, mediation as an independent institute came a very long way. In the different countries this stage-by-stage process developed and develops differently. It attracts scientific interest owing to relevance of the studied subject and the increased interest in the procedure, both from the public, and from scientific community. Along with it, a great number of citizens consider institute of mediation as the object which is not deserving their trust. It seems to much that the judgment is more powerful act, than definition about determination of proceedings. In presented article, the concept and signs of mediation, features of legal regulation and an order of carrying out is considered by the author. Also the author establishes the leading factors and the reasons of insufficient development of mediation in Russia and proposes measures for its promoting.
The article is devoted to the problem of infrastructure for sociocultural adaptation and integration of foreign citizens into Russian society. Its relevance is due to the current migration situation. The author analyzes the planning documents for the implementation of the state national policy on the territory of the constituent entities of the Russian Federation with regard to the adaptation and integration of migrants. The measures of adaptation-integration orientation contained in them testify to the emerged positive pragmatic attitude towards adaptation and integration as a tool for stabilizing interethnic relations and optimizing socio-economic processes (including the labor market). The presence of gaps in federal legislation minimizes and fragments the possibility of creating an appropriate infrastructure. In this regard, the selectivity of regional policy in relation to various groups of foreigners is obvious. The bulk of activities are aimed at the socio-psychological and cultural-linguistic adaptation of migrant children with a view to their subsequent integration into Russian society. Groups of activities are also addressed to certain categories of adult migrants (participants of the state program to assist the voluntary resettlement of compatriots; refugees; highly qualified specialists; participants in educational migration, and some others). At the same time, there are no adaptation support mechanisms for the most numerous and partly problematic category - labor migrants. The infrastructure for the adaptation and integration of migrants should be consistent with the migration situation and also be an effective tool for the implementation of the national and migration policy of the Russian Federation. This requires the development of a unified strategic approach, as well as a system of measures of a political, legal and socio-economic nature.
The author of the research examined the status and role of constitutional judicial doctrine as a means and form of law. Judicial decision-making activities of a precedent value are not just an individual decision. A series of precedents turns into a form of law. In addition to a series of precedents, the stability of the doctrine is explained by the presence of a unified approach (the doctrinal method, as a method of interpretation and resolution of a dispute), extracted from precedents. The author connects the transformation of judicial doctrine into a source of law with the need for judicial interpretation of abstract provisions of the US Constitution. Much attention is paid to the legal aspects of economic and social policy. The constitutional judicial doctrine of taxation and expenditure of tax revenues is highlighted. The author comes to the conclusion about its cyclical evolution, primarily from the point of view of the social conditionality of the tax policy of the state. Judicial activities and doctrinal methods are modified from the protection of a predominantly private interest in the protection of public interest. Currently, there is a tendency to strengthen private interest as the basis of constitutional regulation. At the same time, the doctrine of taxation remains the main instrument of the constitutional legitimization of social legislation.
Questions of the organization of the budget process go back to the problem of reproduction of state solvency. Meanwhile, among the participants of the budget process, the dependence of the state's solvency on its effectiveness, which, in turn, is a function of budget policy and features of decision-making on the use of public Finance, is not fully realized. The role and place of strategic planning documents in the budget policy and their correlation with the basic laws directly affecting the budget, tax and debt policy need to be clarified. It is not clear what role national projects should play in budget policy and how they should be reflected in the budget process. In the study of the chain links of such dependencies the authors used an extraordinary approach. The efficiency of the budget process is assessed in terms of its ergonomics based on the principles of transparency and stability. Legal conditions, volume and structure of the Federal law on the Federal budget for the financial year and planning period are estimated, its text articles, quantitative and qualitative structure of appendices are analyzed. As the results of the study, the characteristics of the tasks and tools to achieve the ergonomics of the Federal budget process are given.
The current article studies the theoretical aspects of the legal mechanisms for international treaty enactment in the national system of law. The study of the above-mentioned mechanisms is made by using general philosophical methods (such the dialectic method), general scientific methods (such as abstraction, analysis and synthesis), and specific scientific methods (such as the formal-law method, comparative-law method). The article analyzes the theoretical aspects of correlation between the international law and the national law from the point of view of monism and dualism theories. It also provides for the classification of the basic types of legal mechanisms of international treaty enactment. Taking into consideration the analysis of basic types of legal mechanisms, the author introduces definitions for the notions of legal mechanisms such as transformation, implementation, and incorporation. The article also presents a comparison of the basic characteristics of the aforementioned legal mechanisms. By taking into account the features of each of the legal mechanisms, the author develops a synergetic method for the international treaty enactment. The synergetic method is based on the introduction of staging into the law-making process and on the combining of several legal mechanisms (transformation, implementation, and incorporation) during the construction of national legal acts. The synergetic method is suggested to be applied to improve the quality of the construction of national legal acts.